---
kind: "section"
citation: "10 U.S.C. § 850"
title: "10"
title_heading: "Armed Forces"
number: "850"
heading: "Art. 50. Admissibility of sworn testimony from records of courts of inquiry"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/850"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47 — Uniform Code of Military Justice"
  - "Subchapter VII — Trial Procedure"
---

# §850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry

- (a) **Use as Evidence by Any Party.—** In any case not capital and not extending to the dismissal of a [commissioned officer](/usc/10/101.md?p=b-2), the sworn testimony, contained in the duly authenticated [record](/usc/10/801.md?p=14) of proceedings of a court of inquiry, of a [person](/usc/10/2700.md?p=2) whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial or [military](/usc/10/801.md?p=8) commission if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence. This section does not apply to a [military](/usc/10/801.md?p=8) commission established under [chapter 47A](/usc/10/chstA/ptII/ch47A.md) of this title.
- (b) **Use as Evidence by Defense.—** Such testimony may be read in evidence only by the defense in capital cases or cases extending to the dismissal of a [commissioned officer](/usc/10/101.md?p=b-2).
- (c) **Use in Courts of Inquiry and Military Boards.—** Such testimony may also be read in evidence before a court of inquiry or a [military](/usc/10/801.md?p=8) board.
- (d) **Audiotape or Videotape.—** Sworn testimony that—
  - (1) is recorded by audiotape, videotape, or similar method; and
  - (2) is contained in the duly authenticated [record](/usc/10/801.md?p=14) of proceedings of a court of inquiry;

  is admissible before a court-martial, [military](/usc/10/801.md?p=8) commission, court of inquiry, or [military](/usc/10/801.md?p=8) board, to the same extent as sworn testimony may be read in evidence before any such body under subsection [(a)](#a), [(b)](#b), or [(c)](#c).


## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631; Pub. L. 114–328, div. E, title LVII, § 5232, Dec. 23, 2016, 130 Stat. 2915.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 850(a)<br>850(b) | 50:625(a).<br>50:625(b). | May 5, 1950, ch. 169, § 1 (Art. 50), 64 Stat. 124. |
| 850(c) | 50:625(c). |  |

In subsections (a) and (b), the word “commissioned” is inserted for clarity.

### Editorial Notes

### Amendments

2016—Pub. L. 114–328, § 5232(b), amended section catchline generally, substituting “Admissibility of sworn testimony from records of courts of inquiry” for “Admissibility of records of courts of inquiry”.

Subsec. (a). Pub. L. 114–328, § 5232(c)(1), inserted heading.

Subsec. (b). Pub. L. 114–328, § 5232(c)(2), inserted heading.

Subsec. (c). Pub. L. 114–328, § 5232(c)(3), inserted heading.

Subsec. (d). Pub. L. 114–328, § 5232(a), added subsec. (d).

2006—Subsec. (a). Pub. L. 109–366 inserted last sentence.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.